Marchiori v The Environment Agency: CA 25 Jan 2002

The applicant appealed a refusal to order judicial review of the grant of licences for the discharge of radio-active waste from Ministry of Defence installations. The respondent treated the de-commissioning of nuclear warheads and the maintenance of current warheads together, as required for the defence of the nation. It did not see its duty as to weigh up the rationality of a nuclear defence capacity. It was submitted that refusal was an unjustified restriction on the test of the need for the waste discharge.
Held: The conduct of the defence of the nation was a matter for the Crown. The 1993 Act did not require assessment of that policy. There was nothing to support the argument that the policy was repugnant to humanitarian principles of international law


Lord Justice Thorpe, Lord Justice Laws, And, Mr Justice Morland


[2002] EWCA Civ 3, [2002] Eu LR 225




Radioactive Substances Act 1993 13(1), Council Directive 80/836/Euratom


England and Wales


CitedChandler (TN) v Director of Public Prosecutions HL 12-Jul-1962
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 29 June 2022; Ref: scu.167527